The Future of Consumerist

Over the last twelve years, Consumerist has been a steadfast proponent and voice on behalf of consumers, from exposing shady practices by secretive cable companies to pushing for action against dodgy payday lenders. Now, we’re joining forces with Consumer Reports, our parent organization, to cultivate the next generation of consumer advocacy.

Stay tuned as Consumerist’s current and future content finds its home as a part of the Consumer Reports brand. In the meantime, you can access existing Consumerist content below, and we encourage you to visit Consumer Reports to read the latest consumer news.

Having the registered trademark would preclude competitors from using “The Outsider” brand for their apparel items, but can the trademark be used to stop L.L. Bean and others from simply using the term “Outsider” in a marketing campaign that doesn’t sell any specific clothing item?

This is also a matter of competing trademark applications. In June 2017, L.L. Bean applied for the mark “Be An Outsider,” for the purpose of retail store services and apparel. It’s used the phrase in ads and as part of a new company manifesto, as well as on its gimmicky full-page ad in The New York Times.

According to KÜHL’s lawsuit, this could be confusing to people, and they may be led “to incorrectly conclude” that L.L. Bean’s “goods or services originate with, or are authorized by” the company, which would damage both KÜHL’s business and the public.

The complaint alleges that L.L. Bean used this phrase to intentionally mislead, deceive, or confuse customers, “while trading on Alfwear’s reputation and good will.” KÜHL notes that it requested in writing that L.L. Bean cease and desist from its allegedly infringing actions.

The apparel company claims it has suffered as a result of the alleged trade trademark infringement, and will continue to “suffer loss of income, profits and good will,” while its competitor “has and will continue to unfairly acquire income profits and good will.”

The lawsuit accuses L.L. Bean of violating the Lanham Act, and claims that its actions constitute federal unfair competition. It’s seeking a court order requiring L.L. Bean stop using the line “Be An Outsider” in any publications, ads, or websites; damages, and all profits the Maine company made as a result of its alleged infringement.

L.L. Bean declined to comment, citing pending litigation, but a spokesperson told The Bangor Daily News that the company firmly believes it is “well within” its legal rights to “use the call to action Be An Outsider,” and that it looks forward to resolving the issue.